Citation Nr: 21003634 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 19-09 092 DATE: January 22, 2021 ORDER Entitlement to automobile or other conveyance and adaptive equipment or for adaptive equipment only is denied. FINDING OF FACT The Veteran’s current service-connected disabilities do not result in the physical loss or permanent loss of use of one or both hands or feet, permanent impairment of vision in both eyes with corrected central visual acuity of 20/200 or less in the better eye or central visual acuity of more than 20/200 with a visual field defect of a degree specified by regulation, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of one or both knees or one or both hips; his right lower extremity amputation has been denied service connection separately, and this finding is not on appeal. CONCLUSION OF LAW The criteria for entitlement to automobile or other conveyance and adaptive equipment or for adaptive equipment only have not been met. 38 U.S.C. §§ 3901, 3902, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.350, 3.808. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had honorable active duty service in the United States Army from March 1968 through February 1971, November 1990 through March 1991, December 2003 through September 2005, and had active duty service in the Army National Guard from October 2001 through May 2002. In October 2014, the Veteran participated in a videoconference hearing before the undersigned Veterans Law Judge (VLJ), a transcript of which is of record. Entitlement to automobile or other conveyance and adaptive equipment or for adaptive equipment only is denied. Financial assistance may be provided to an “eligible person” in acquiring an automobile or other conveyance and adaptive equipment, or automotive adaptive equipment only. 38 U.S.C. § 3902 (a)(b). Eligibility for assistance to purchase a vehicle and adaptive equipment is warranted where one of the following exists as the result of injury or disease incurred or aggravated during active service: (1) loss or permanent loss of use of one or both feet; (2) loss or permanent loss of use of one or both hands; (3) permanent impairment of vision of both eyes, meaning central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends an angular distance no greater than 20 degrees in the better eye; (4) severe burn injury precluding effective operation of an automobile; (5) amyotrophic lateral sclerosis; or, (6) for adaptive equipment only, ankylosis of one or both knees or one or both hips. 38 C.F.R. § 3.808. Here, the Veteran is service connected for chronic renal failure with hypertension and coronary artery disease, posttraumatic stress disorder to include depression, peripheral vascular disease of the right lower extremity, arthritis of the left shoulder, arthritis of the cervical spine, thoracic spondylosis, gout, and anemia. On appeal, the sole theory advanced on appeal for the financial assistance is that the Veteran’s service-connected peripheral vascular disease caused his right leg amputation; he contends that as he has permanent loss of a foot, he qualifies for the benefit sought. Service connection for the right lower extremity amputation has been claimed and denied in a rating decision that is not on appeal currently. See July 2018 Rating Decision. While the Veteran may seek reopening of that decision outside of this appeal, until such time as that decision is disturbed, deference is warranted to the specific finding and conclusion in the prior decision that the amputation is not secondary to service-connected disability. As such, this issue is not appropriately revisited in a claim for a collateral benefit. Rather, the financial benefit sought must be adjudicated based on the disabilities that are currently entitled to service connection. The record does not show service-connected disability resulting in the loss or permanent loss of use of one or both hands or feet, ankylosis of his knees or hips, or any of the other physical disabilities listed among the relevant criteria; as such, he does not qualify for eligibility for financial assistance in the purchase of an automobile or other conveyance and/or adaptive equipment under 38 C.F.R. § 3.808. As such, the claim must be denied. It is noted that the Veteran may reapply for this benefit should he have additional conditions service-connected. In this regard, it is observed that a new claim of service connection for the right leg amputation is currently pending at the AOJ. (Continued on the next page)   Of final note, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. C. KING The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.